A. On April 2, 2010, the Plaintiff: (a) determined KRW 294,593,842 as the 12-month period, interest rate of 9.5% per annum, and delay damages rate of 24% per annum to Defendant A and B (hereinafter “Defendant Company”); (b) agreed to pay damages for delay on the balance of the loan accrued up to the time when the Plaintiff loses the benefit of time (hereinafter “instant loan”); and (c) Defendant C and D jointly guaranteed the Defendant Company’s obligation to the Plaintiff.

B. On April 5, 2011, Defendant Company lost the benefit of the term for the instant loan, and on September 26, 2014, the principal and interest of the instant loan as of September 26, 2014 remains 579,111,713 won (=315,580,435 won + delay damages 263,531,278 won).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-5, Gap evidence Nos. 3, 7 through 10, the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 579,111,713 of the instant loan and the amount of KRW 315,580,435 of the loan plus the balance of KRW 315,580,435 at the rate of 24% per annum from September 27, 2014 to the date of full payment.

B. As to the Defendants’ assertion, the Defendants agreed with the Plaintiff to appropriate the instant loan to repay the debt prior to the purchase price of the land in Ansan-si, and asserted that the Plaintiff extinguished the entire amount of the instant loan by acquiring KRW 500 million from the purchase price of the said land. Therefore, it is not sufficient to acknowledge that the evidence submitted by the Defendants alone was sufficient to establish that the Plaintiff and the Defendants agreed to appropriate the instant loan from the purchase price of the said land to meet the repayment of the obligation, and there is no other evidence to support this otherwise, the Defendants’ assertion

3. Thus, the plaintiff's claim against the defendants is justified.